1. Listen to the defendant's statement of the facts of the case comprehensively and carefully.
2, careful analysis of the causes of crime, find out whether to rule out the causes of crime.
3. Understand the defendant's subjective attitude towards crime and distinguish between intention, negligence or accident.
4. Understand whether there are legal lighter or mitigated circumstances such as surrender and meritorious service.
5. Understand the personal and family situation of the defendant.
Two, carefully marking, comprehensive analysis, grasp the case, find out the problem.
(1) Make a record of marking and extract the case in detail; (2) comprehensively review the evidence, find doubts, find out doubts, and make a breakthrough. When reviewing evidence, we should pay attention to details, and attach great importance to the nature of the case, the plot, the harmful result, the performance of repentance and other aspects, and we should not perfunctory.
(3) Draw up an outline for questioning and cross-examination of witnesses, defendants and victims in court, and reveal the plots and facts beneficial to the defendant from the questions.
Third, elaborate the outline of the trial defense. Attention should be paid to the preparation of the defense outline:
1, based on the evidence of the whole case. Including the evidence of the prosecution and the evidence of the defense. In judicial practice, no court judge dares to support the defense scheme that completely ignores and deviates from the evidence of the case, and its defense effect can be imagined.
2, the defense plan should comply with the law. Criminal defense work is a highly professional work. The defense scheme involves substantive law, procedural law and evidence. Whether it is innocent defense or light defense, it must comply with relevant laws and regulations. The defense plan can not be divorced from the legal provisions and go its own way.
3. Pay attention to practical results and ensure the maximum interests of all parties.
Fourthly, in order to improve the ability of criminal defense in court, it is necessary to make pre-trial prediction and enhance the ability of court defense. Accurately predicting pre-trial public prosecution opinions and preparing them pertinently play an important role in the successful defense of criminal defenders. The criminal defender's pre-trial prediction should be "know yourself and know yourself". Only in this way can the court debate be "invincible". In a word, the pre-trial preparation of criminal defense lawyers is the basic work of criminal defense lawyers, and its importance is beyond doubt. Only by doing a good job of pre-trial preparation can the criminal defender be comfortable in the trial, better embody the dignity of the law, better perform the sacred duties entrusted by the law to the criminal defender, and safeguard the legitimate rights and interests of the defendant to the maximum extent.